Page 6 - Lozano Smith Property Checklist

Meet with key homeowners’ associations and community leaders concerning
recommended development plan.

III. Board Action Declaring Property Surplus
Although the Education Code does not require the District to adopt an initial resolution to
commence the process of whether to declare District property as surplus, as of January 1,
2020, the District must declare the property as “surplus land” or “exempt surplus land”
pursuant to Government Code section 54221(b)(1). The declaration must be made at a
regular meeting and must be supported by written findings. Generally, most or all school
district real property is likely to fall into the category of “exempt surplus land.” Declaring the
property as exempt surplus land will mean that the majority of the requirements in
Government Code sections 54220, et seq., will not apply, except for the requirement to
make written solicitations to agencies to purchase or lease the property for park and
recreational purposes. Pursuant to the Guidelines adopted by the Department of Housing
and Community Development (“HCD”) in April of 2021, the written findings must be
submitted to HCD for review at least 30 days prior to “disposition” of the property. Because
these are new and evolving requirements, the District may wish to consult with its legal
counsel.

The Board may wish to make the above declaration in a resolution, which action would be
preliminary to the later resolution of intent to lease or sell the property, and can be used to
trigger the offer of the property to other public agencies. To do so, the Board can adopt a
resolution taking each of the following actions:

Consider the 7-11 Committee’s recommendations. (Ed. Code § 17388.)

Describe the property to be declared surplus.

Declare the property as exempt surplus land.

Authorize offers to other public agencies.

IV. Required Offers
A. Offers Required by the Naylor Act
Determine whether the Naylor Act (Ed. Code §§ 17485, et seq.) applies. The Naylor Act
applies when all of the following conditions are present (Ed. Code § 17486):

All or a portion of the property is used for school playground, playing field, or other
outdoor recreational purposes and open-space land particularly suited for recreational
purposes.

The land has been used for such purposes for at least eight years immediately preceding
the Board’s decision to sell or lease the property.

LozanoSmith.com Checklist for Sale or Lease of School District Surplus Property 5